STATE EX REL. WILLIAMS v. ADAMS

No. 32.

219 S.E.2d 198 (1975)

288 N.C. 501

STATE of North Carolina on relation of George Johnnie WILLIAMS, Jr., Administrator of George Johnnie Williams, Deceased, v. W. I. ADAMS et al.

Supreme Court of North Carolina.

November 5, 1975.


Attorney(s) appearing for the Case

Turner & Harrison by Fred W. Harrison, Kinston, for plaintiff appellant.

Smith, Anderson, Blount & Mitchell by R. Daniel Rizzo, Raleigh, for defendant appellee.


MOORE, Justice.

The sole question presented for determination by this Court is whether the Court of Appeals correctly affirmed the trial court's entry of judgment on the pleadings in favor of defendant Fidelity.

Fidelity contends that plaintiff's cause of action is barred by the one-year statute of limitations set out in G.S. 1-54(1) and G.S. 1-54(2), which are as follows:

"One year.—Within one year an action or proceeding—

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